Loading...
HomeMy WebLinkAboutRes 2006-47 RESOLUTION NO. 2006-47 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS, ARIZONA, PLANNING & ZONING COMMISSION RULES OF PROCEDURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town of Fountain Hills, Arizona, Planning and Zoning Commission Rules of Procedure is hereby adopted in the form attached hereto as Exhibit A. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,December 7, 2006. FOR THE TO N OF FOUNTAIN HILLS: ATTESTED TO: (111w 41-61 1-"( W. J. Ni ho s, yor Bevelyn J. Be er, T n Clerk REVIE BY: APPROVED AS TO FORM: • ytt(sit Timothy G. Pic ering, Town M ager An w J. McGuire, Town Attorney L 694143.1 EXHIBIT A TO RESOLUTION NO. 2006-47 [Town of Fountain Hills, Arizona, Planning and Zoning Commission Rules of Procedure] L 694143.1 2 TOWN OF FOUNTAIN HILLS,ARIZONA PLANNING & ZONING COMMISSION RULES OF PROCEDURE TABLE OF CONTENTS TOWN OF FOUNTAIN HILLS,ARIZONA 1 SECTION 1. RULES OF PROCEDURE/AUTHORITY 3 1.1 PROCEDURES 3 1.2 PRESIDING OFFICER 3 1.3 SUSPENSION OF THE RULES 3 SECTION 2. DEFINITIONS 3 2.1 AGENDA 3 2.2 AGENDA PACKET 3 2.3 CONSENT AGENDA 4 2.4 COMMISSION 4 2.5 COMMISSION RULES 4 2.6 MEETING . 4 2.7 NEWSPAPER 4 2.8 NOTICE 4 2.9 QUORUM 4 2.10 TOWN . 5 SECTION 3 MEETINGS 5 411010 3.1 REGULAR MEETINGS 5 3.2 ADJOURNED MEETINGS 5 3.3 SPECIAL MEETINGS . 5 3.4 WORK SESSIONS 5 3.5 EXECUTIVE SESSIONS 6 3.6 MEETINGS TO BE PUBLIC 6 3.7 MINUTES OF COMMISSION MEETINGS 6 SECTION 4.NOTICE AND AGENDA 6 4.1 POSTING NOTICES 6 4.2 AGENDA PREPARATION 6 4.3 DISTRIBUTION OF NOTICES AND AGENDAS 8 SECTION 5. ORDER OF BUSINESS 9 5.1 ORDER OF BUSINESS 9 5.2 REGULAR MEETINGS 9 5.3 SPECIAL MEETINGS . 13 5.4 WORK SESSION MEETINGS 13 682683.3 1 SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 14 6.1 CALL TO ORDER 14 6.2 PARTICIPATION OF PRESIDING OFFICER 14 6.3 QUESTION TO BE STATED 14 6.4 RULES/DECORUM/ORDER 17 6.5 TELECONFERENCE PROCEDURE 15 6.6 ADDRESSING THE COMMISSION 16 SECTION 7. CONFLICT OF INTEREST 19 7.1 INTRODUCTION 19 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS 19 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF 19 7.4 DISCLOSURE OF INTEREST 19 7.5 WITHDRAWAL FROM PARTICIPATION 19 7.6 RULE OF IMPOSSIBILITY 20 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN 20 7.8 SANCTIONS FOR VIOLATIONS 20 7.9 NON-STATUTORY CONFLICTS OF INTEREST 20 SECTION 8. CODE OF ETHICS 20 8.1 OBEY LAWS 20 8.2 DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP 20 8.3 SERVICES 21 8.4 RELATIONSHIPS 21 8.5 FUNCTION OF LOCAL GOVERNMENT 21 8.6 SERVICE TO THE COMMUNITY 21 8.7 PERSONAL BENEFIT/PROFIT 21 8.8 CONDUCT . 22 8.9 PROMOTE UNDERSTANDING/RESPECT/TRUST 22 682683.3 2 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Commission: A. State Law B. Town Code C. Zoning Ordinance D. Commission Rules E. Parliamentary Procedure at a Glance,New Edition,by O. Garfield Jones F. Roberts Rules of Order, 10th edition as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Chairman, or in the Chairman's absence, the Vice- Chairman, is the Presiding Officer of all Meetings of the Commission. In the absence or disability of both the Chairman and the Vice Chairman, the meeting shall be called to order by the Zoning Administrator, whereupon the Zoning Administrator shall immediately call for the selection of a temporary Presiding Officer. 1.3 SUSPENSION OF THE RULES The Chairman, by a three-quarter vote of all members present, may suspend strict observance of these Commission Rules or other policies and procedures for the timely and orderly progression of the Meeting; provided, however, that a simple majority of the Commission may cause a change in the order of items on the Agenda. SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by the Commission at a noticed meeting of the Commission. The content of the Agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the Agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the Agenda and requiring Commission action, which may be used by the Commission, staff and the public for more in- depth information than may be presented in an oral report. The Agenda Packet is organized as 682683.3 3 set forth in the Order of Business in Section 5 below and is provided or made available to the Commission or any citizen who files a public records request. 2.3 CONSENT AGENDA Items listed on the Agenda and marked with an asterisk (*) that are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Commission. All motions and subsequent approvals of Consent Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Commission Member or member of the public so requests. If a Commission Member or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 2.4 COMMISSION Collectively, the Members of the Town of Fountain Hills Planning and Zoning Commission. 2.5 COMMISSION RULES These Town of Fountain Hills, Arizona, Planning and Zoning Commission Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Commission, at which the Commission Members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record and, in the absence of the Presiding Officer, the Zoning Administrator will adjourn the Meeting. 2.7.1 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a Meeting will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code and these Commission Rules. 2.9 QUORUM The minimum number of Members of the Commission that must be present in order for business to be legally transacted. With a seven-member body, a quorum is four Members, unless otherwise specifically authorized by State law. L 682683.3 4 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Commission shall hold regular Meetings on the second and fourth Thursday of each month at six thirty p.m. When deemed appropriate, any regular Meeting date of the Commission may be cancelled or changed by a majority of the Commission. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular Meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Chairman or the Town Manager. The Commission may provide for a "Call to the Public" at such regular Meetings. B. Holidays. When the day for a regular Meeting of the Commission falls on a legal holiday, no Meeting shall be held on such holiday, but such Meeting shall be held at the same time and the same location on the day designated by the Commission that is not a holiday. 3.2 ADJOURNED MEETINGS Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular Commission Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Chairman, upon the written request of three Commission Members, may convene the Commission at any time after giving at least 24 hours notice of such Meeting to members of the Commission and the general public. The notice shall include the date,place, hour and purpose of such special Meeting. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Chairman (at his own discretion or upon the written request of three Commission Members) may convene the Commission in a work session at any time after giving at least 24 hours notice of such Meeting to members of the Commission and the general public. The notice shall include the date,place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Commission than may be possible at a regular Meeting. No formal action of the Commission may cri be taken at such work sessions, other than general consensus or conveying 682683.3 5 direction to staff for further action. Work session shall not provide for a "Call to rr• the Public." 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Commission may hold such closed executive sessions as necessary to conduct its business with prior authorization by the Town Attorney. 3.6 MEETINGS TO BE PUBLIC A. Open to Public. All regular, special and work session Meetings of the Commission shall be open to the public. B. Public Comment. Public comment (Call to the public) is not taken at work sessions, or at special Meetings, unless the special Meeting is held in place of a regular Meeting, or unless the special Meeting includes a public hearing on the Agenda. 3.7 MINUTES OF COMMISSION MEETINGS A. Staffing. The Zoning Administrator shall ensure staff attendance at all regular, special, work session, and executive session Meetings of the Commission for the purpose of taking notes and/or audio recordation of the Meeting. B. Recordings; written minutes. To the extent possible, all open, public Meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting Commission intent shall be taken so that an accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of Meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. C. Availability. All Meeting minutes of the Commission are deemed to be public records. Transcribed minutes, or the audio or video recordings of all open Meetings of the Commission must be on file in the office of the Town Clerk, or Zoning Administrator and available for public review by 5:00 p.m. on the third working day following each Meeting, or as provided by State law. Minutes of all regular Meetings of the Commission are made available through the Town's Web Site. D. Executive Sessions. Minutes of executive sessions (i) shall be confidential, (ii) are maintained and secured by the Town Clerk and (iii) may be accessed only as provided by State law. E. Approval. Minutes of all regular Meetings of the Commission may be approved under the consent agenda, unless removed for discussion and separate action. tikw 682683.3 6 SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Zoning Administrator or authorized designee, shall prepare all public Meeting notices of the Commission, and shall ensure posting of the Meeting notices no less than 24 hours before the date and time set for said Meetings in accordance with State law. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall and the Post Office. 4.2 AGENDA PREPARATION A. Availability. The Zoning Administrator, or authorized designee, shall prepare the Agendas for all Meetings of the Commission as set forth below. Agendas of all Meetings of the Commission shall generally be available to the public no less than 72 hours prior to said Meetings, except in exceptional circumstances. In no event shall the Agenda be made available less than 24 hours prior to said Meeting. Agendas are made available through the Town's web site. B. Submittal Process. Items may be placed on the Agenda for discussion and possible action by the following process: 1. Town Staff: Town staff will submit the agenda items, including the cover/routing sheet, staff report (including all attachments) to the Zoning Administrator not later than two business days prior to Agenda Packet preparation day (the Friday prior to Meeting date). The Zoning Administrator shall approve/amend items and sign off, finalizing the item for inclusion in the Agenda Packet. 2. Chairman and Commissioners: The Chairman or a majority of the Commission Members may request that the Zoning Administrator place an item on an Agenda for action. Any Commission Member may request that the Zoning Administrator place an item on a future Agenda during the "Commission Discussion/Request for Research" portion of a Meeting for discussion relating only to the propriety of (i) placing such item on a future Agenda for action or (ii) determining if a majority of the Commission would like to have staff conduct further research and report back to the Commission. 3. Town Manager or Town Attorney: The Town Manager or Town Attorney may place an item on the Agenda by including appropriate documentation. L 682683.3 7 C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Zoning Administrator by 5:00 P.M., not less than nine calendar days prior to regular Meetings to ensure timely delivery to Commission Members. 2. The Zoning Administrator may approve exceptions to the schedule above in order to ensure that the distribution of all Agenda Packets to the Commission is in conformance with these Commission Rules. 3. Any requests requiring audio/visual support must be submitted to the information and technology department a minimum of 48 hours prior to the Meeting to ensure proper coordination and preparation. The Zoning Administrator or authorized designee is responsible for obtaining presentation materials from applicants or presenters involved in their respective Agenda items. D. Agenda Item Submittals for Commission Executive Sessions. Items may be placed on the Agenda for Commission executive session discussion (if in compliance with the Town Code and applicable State Statutes) as directed by the Town Attorney. E. Agenda Packets. Full Agenda Packets for all noticed Meetings of the Commission shall be made available to Commission Members at Town Hall, generally six days before such Meetings; provided, however, that Agenda Packets may be delivered or supplemented later under special circumstances so long as no Agenda Packet material is delivered less than 72 hours prior to the Meeting, except in the case of exceptional circumstances. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Commission Secretary shall ensure that the Commissioners receive copies of all Meeting notices and Agendas and any documentation provided for said Meeting not less than 72 hours prior to the Meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Commission Secretary shall ensure that the Meeting notices, Agendas and documentation, as deemed necessary, shall be distributed to the Zoning Administrator, participating Planners, the Director of Public Works and all Commissioners. C. Amendments. A published Agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such Agenda may be amended up to, but not less than, 24 hours prior to the designated Meeting, unless otherwise authorized by State Law. Amended Agendas shall indicate the date amended. 682683.3 8 SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The Agenda shall be prepared in the following order: AGENDA Call To Order & Pledge Of Allegiance Moment of Reflection Roll Call Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIz. REV. STAT. § 38-431.01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place and manner restrictions. The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may (i) respond to criticism, (ii) ask staff to review the matter or (iii) ask that the matter be placed on a future Commission agenda. Consent Agenda (preceded by the following explanatory paragraph) All items listed with an asterisk(*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Commission. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Commission Member or member of the public so requests. If a Commission Member or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the Consent Agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Regular Agenda (grouped by subject to the extent possible) Commission Discussion/Request for Research (Items for future Agendas) Adjournment All Agendas shall have the following statement placed at the bottom: 682683.3 9 The Town of Fountain Hills endeavors to make all public Meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the Meeting to request a reasonable accommodation to participate in this Meeting or to obtain Agenda information in large print format. DATE POSTED: TIME POSTED: A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection and before proceeding with the business of the Commission, the Presiding Officer shall direct the Commission Secretary or authorized designee to call the Roll, and the names of Commission Members both present and absent shall be entered into the minutes. The order of roll call shall be: Chairman, Vice Chairman and then Commission Members from the Chairman's far right to the Chairman's far left. B. Consent Agenda. 1. The Consent Agenda includes items that are of such a nature that discussion is not required, or issues that have been previously studied by the Commission. These items may be adopted by one motion and a roll call vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Commission or any member of the public in attendance at the Meeting requests that an item or items be removed for discussion. Commission Members or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the Agenda, unless called out of sequence as provided under Section 1.4 above. C. Action Items. 1. At the time each business item is presented to the Commission, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Chairman or the Commission Secretary will then call the speaker cards of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Commission shall fully complete speaker's request forms and submit the forms to the Commission Secretary, or designee, prior to discussion of that Agenda item. Sufficient speaker request forms shall be located in the public entry area into the Chamber and at the Commission Secretary position on the dais. The completed forms will be retained with the Agenda Packet material by the Commission Secretary. Speakers will be called in the order in which the speaker cards were received. If a speaker chooses not to speak when 682683.3 10 called, such speaker will be deemed to have waived his or her opportunity rr to speak on that matter. 2. Those speaking before Commission will be allowed three contiguous minutes to address Commission, but time limits may be waived by (i) discretion of the Planning and Zoning Administrator upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at a Meeting or (iii) the Chairman either prior to or during a Meeting. Speakers may not (i) reserve a portion of their time for a later time or(ii)transfer any portion of their time to another speaker. 3. The purpose of all public comments is to provide information and the speaker's views for Commission consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Members of the Commission; all remarks will be addressed to the Presiding Officer and not to individual Commission Members. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Commission Members may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Commission Member shall engage in debate directly with such speakers, representatives or Town staff. 4. Proper decorum, according to Section 6 below, must be observed by Members of the Commission, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business Meeting, the Presiding Officer shall keep control of the Meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the Meeting. Personal attacks on Commission Members, Town staff or members of the public are not allowed. 5. Generally, Agenda items requiring public hearings shall be conducted in the following order: a. The Presiding Officer will announce the matter that is set forth for a public hearing and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. c. At the conclusion of the staff report and/or presentation by the applicant, the Presiding Officer will open the public hearing for comments from the public. tilow 682683.3 11 d. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. e. The Presiding Officer may then call for a motion and second, if applicable, and ask if Commission wishes to discuss the issue. Commission may then proceed to discuss the matter. f. Upon the conclusion of Commission comment, the Presiding Officer will call for action on the motion. g. Exhibits, letters, petitions, and other documentary items presented or shown to the Commission on a public hearing item become part of the record of the public hearing and shall be maintained by the Commission Secretary. h. Ten collated sets of written or graphic materials should be provided by the speaker prior to the commencement of the hearing to allow for distribution to the Commission, key Town staff and the Commission Secretary for inclusion in the public record. Reduced copies (8 '/2" X 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 6. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the Agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the Agenda item, limit repetitive testimony, but in no event to less than three minutes per topic. Persons may be allowed to speak longer than three minutes upon approval of (i) the Presiding Officer or (ii) a majority of the Commission. Commission Members may ask the individual speaker questions through the Presiding Officer. D. Commission Discussion/Request for Research. The Commission may request that the Zoning Administrator to follow-up on matters presented at that Meeting or bring an item before the Commission on a future Agenda. E. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Commission on a non-Agenda item. In order to comply with State law, the Commission may not discuss any issue raised at call to the public and not listed on the Agenda, except to thank the speaker or direct the Zoning Administrator to follow up on the matter and/or schedule it for a future public Meeting. L 682683.3 12 2. All citizens and interested parties wishing to speak before the Commission shall fully complete a speaker's request form. 3. At the conclusion of all citizens' comments, the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. c. Ask that a matter be put on a future Agenda. d. Permit individual Commission Members to respond to criticism raised during the Call to the Public. F. Adjournment. The open, public Meetings of the Commission may be adjourned by consensus of the Commission. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special Meeting is being held in place of a regular Meeting,the Agenda shall be as set forth for a regular Meeting. B. Generally. For all other special Meetings, the Agenda shall be prepared in the following order: AGENDA Call To Order Roll Call Consent Agenda (if needed—explanatory paragraph same as regular Meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work session Meetings is to provide the Commission with the opportunity for in depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Commission. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Chairman and Commission to do so. The Presiding Officer may limit or end the time for such presentations. The work session Agenda shall be prepared in the following order: Call To Order Roll Call Work Session Statement(explanatory statement) All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken. The primary purpose of work session Meetings is to provide the Commission with the opportunity for in-depth discussion and study of specific subjects. Public 682683.3 13 comment is not provided for on the Agenda and may be made only as approved by consensus of the Commission. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Chairman to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items For Discussion (Items Numbered For Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A Meeting of the Commission shall be called to order by the Presiding Officer, (the Chairman or in his/her absence, by the Vice-Chairman). In the absence of both the Chairman and Vice Chairman, the Meeting shall be called to order by the Zoning Administrator; whereupon, the Zoning Administrator shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Commission Members, and he/she shall not be deprived of any of the rights and privileges of a Commission Member by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the Meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Commission Secretary to verbally restate, each question immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall (or shall ask the Commission Secretary or designee to) verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order, subject to the right of any member to appeal such determination to the whole Commission. If any appeal is taken, the question (motion) shall be: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. 682683.3 14 B. Order and Decorum. 1. Commission Members: Any Commission Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to members of the Commission. Any member of the staff shall first be recognized by the Presiding Officer prior to addressing the Commission. 3. Public: Members of the public attending the Meetings shall observe the same rules of order and decorum applicable to the Commission. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer. C. Enforcement of Decorum. Proper decorum is to be maintained during all Meetings by the Commission, staff and guests. It is the responsibility of the Presiding Officer of the Meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (i) end the speaker's time at the podium, (ii)recess the Meeting for a brief time or(iii) summons and request that a law enforcement officer remove from the Meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a member of the Commission is unable to attend a Meeting and desires to participate in the Meeting by telephone, the member shall be permitted to do so provided the member gives the Commission Secretary, or designee, notice of his or her inability to be present at the Meeting at least 48 hours prior to the Meeting. B. Notation on Agenda. The notice of the Meeting and the Agenda shall include the following: "Commission Members of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the Meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The Minutes of the Meeting shall clearly set forth which members are present in person and which are present by telephone. The Minutes 682683.3 15 shall also describe the procedures followed to provide the public access to all r communications during the Meeting. 6.6 ADDRESSING THE COMMISSION A. Manner of Addressing the Commission. 1. Any member of the public desiring to address the Commission shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization(shouting or calling out) from the seating area of the Council Chamber. At the podium, he/she shall clearly state his/her name and address for the record. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Commission Secretary 48 hours before a Meeting to request an accommodation to participate in the Meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Commission by any member of the public during the "Call to the Public: (Non-Agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Commission shall complete and submit a speaker's request form as set forth in Section 5.2.F above. 2. The Presiding Officer may limit the number of speakers heard on non- Agenda topics at any single Meeting to allow the Meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Commission, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table 682683.3 16 f. Limit or extend limits of debate /4111ir g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the Agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular Meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to the amendment shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, then the main motion shall be voted on, as may be amended. 7. Motion to Continue: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. L 682683.3 17 D. Addressing the Commission after Motion is Made. After the motion has been 41111111, made, or after a public hearing has been closed, no member of the public shall address the Commission without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Chairman or Commission Secretary has restated the motion under consideration,the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the Meeting minutes. Upon the request of the Chairman or Commission Member, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Commission Members voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Commission Member has declared a Conflict of Interest and is absent during the roll call vote, the Commission Secretary shall include "Absent for the Vote due to declared Conflict of Interest" in the Official Minutes as part of the results of the vote. d. If the roll call method of voting is used, the Commission Secretary or designee shall call the names of all members in random order with each new vote. Members shall respond"Aye" or"Nay." 2. Failure to Vote: a. All members of the Commission in attendance of a duly called Meeting that requires formal Commission action are required to vote. A member may abstain from voting only if he or she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. b. Should a Commission Member fail to vote, his/her vote shall be counted with the majority of votes cast; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any member of the Commission who voted with the majority may move a reconsideration of any action at the same or next 682683.3 18 regular Meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Commission. 4. The affirmative vote of a majority of a Quorum shall be required for passage of any matter before the Commission. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Commission Member may find himself/herself in a situation that requires a Member remove himself/herself from participation in discussion and voting on a matter before the Commission. This situation exists when the Commission Member has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision, which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all actions taken by Commission Members. 7.4 DISCLOSURE OF INTEREST Any Commission Member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any Commission Member who has a conflict of interest in any decision must disclose that interest. The Commission Member may either file a signed, written disclosure statement fully disclosing the interest, or declare the existence of the conflict and the reasons therefore at a Meeting and then ensure that a copy of the Minutes is filed in the Commission Secretary's Office in the file containing conflict of interest disclosures. The Disclosure of the conflict shall include a statement that the Commission Member withdraws from further participation regarding the matter. The Commission Secretary shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a Commission Member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Commission Member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the Commission Member should not otherwise attempt to influence the 682683.3 19 decision and should remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation, the majority of Commission Members have a conflict of interest and the Commission is unable to act in its official capacity, Members may participate in the Commission's decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (i) part of the compensation they would normally be entitled to for performing their duties or(ii) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 7.9 NON-STATUTORY CONFLICTS OF INTEREST ,,, Occasionally, a Commission Member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Commission to encourage Commission Members to adhere to strongly held ethical values, which are exercised in good faith. However, subsection 6.6.E.2 above encourages participation in the decision making process unless the matter involves a statutory conflict of interest set forth by State law. Therefore, failure to vote on a matter for any reason other than a conflict of interest under State law shall be considered a vote cast with the majority or, if no majority exists, it shall be considered an "aye"vote. SECTION 8. CODE OF ETHICS The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Town Council and members of the Town's boards, commissions, and committees. In furtherance of this purpose,we shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. 8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP. 682683.3 20 '44061 r We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. 8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS. A. Public confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. 8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE. We shall treat our office as a public trust, only using the power and resources of public office to advance public interests and not to attain personal benefit or pursue any other private interest incompatible with the public good. 8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND IMAGE OF PUBLIC SERVICE. A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably, honorably, and in a manner that permits the citizens to become fully informed to allow them to hold Town officials accountable. B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety, which is otherwise unbefitting a public official. 8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit, negotiate (1000 682683.3 21 r for, or promise to accept private employment or render services for private interests or conduct a private business. B. Confidential information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift of any value whether it be money services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or assistance provided to Town officials when such hospitality, transportation or other assistance is (i) directly related to their participation in community events as a representative of the Town or(ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. 8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT,BUT ALSO FAIR IN APPEARANCE. 8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE TOWN COUNCIL'S POLICIES. All members of the Commission shall acknowledge in writing, on a form provided by the Town Clerk, receipt of these provisions relating to ethics. 682683.3 22